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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal or reconstruction of certain outdoor |
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advertising. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 391, Transportation Code, |
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is amended by adding Sections 391.0331 and 391.0332 to read as |
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follows: |
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Sec. 391.0331. COSTS FOR REMOVAL OF CERTAIN OUTDOOR |
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ADVERTISING WITHIN MUNICIPALITY. (a) If outdoor advertising is |
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required to be removed because of the widening, construction, or |
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reconstruction of a part of the state highway system and if |
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relocation of the outdoor advertising would be allowed under the |
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rules of the commission but is prohibited by charter or ordinance or |
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the decision of a municipality, the liability of the department |
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relating to the removal of the outdoor advertising is limited to the |
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amount that the department would have been required to pay if the |
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outdoor advertising had been relocated in accordance with the rules |
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of the commission. |
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(b) A municipality that prohibits the relocation of outdoor |
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advertising as described by Subsection (a) is liable for the |
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difference between the amount of the just compensation required for |
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the removal of the outdoor advertising and the amount for which the |
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department is liable under Subsection (a). |
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Sec. 391.0332. OBSTRUCTION OF VISIBILITY. (a) If the |
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visibility of outdoor advertising is obstructed due to a noise |
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abatement or safety measure, a grade change, construction, a |
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directional sign, or widening along a highway, the owner of the sign |
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may raise or lower the height of the sign to make the sign clearly |
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visible from the main-traveled way provided that: |
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(1) the sign conforms to state regulations; and |
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(2) the department approves the height of the sign |
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with regard to safety compliance. |
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(b) The owner of the sign is responsible for all expenses |
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and costs incurred under this section. |
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(c) Nothing in this section shall be construed as granting |
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any property rights or altering or affecting the property rights of |
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a party in eminent domain proceedings. |
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SECTION 2. Section 216.003, Local Government Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) A municipality may not allow a nonconforming |
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off-premise sign to be replaced with another off-premise sign by a |
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person other than the owner of the sign or a contractor employed by |
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the owner of the sign. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |